Virginia tenant screening laws

A nonrefundable application fee may not exceed $50, plus the actual out-of-pocket cost you pay a third party for background, credit or other checks. For public housing or other HUD-regulated units the limit is $32 plus those costs. You may also take a refundable application deposit (Va. Code § 55.1-1203(A), (C)).

• If the applicant does not rent, refund the application deposit, less your actual expenses and damages, with an itemized list within 20 days. If you rejected the applicant and the deposit was paid by cash, certified check, cashier's check or postal money order, the refund is due within 10 days (Va. Code § 55.1-1203(A)).
• You may ask for a social security number or individual taxpayer identification number and may photocopy a driver's license or similar photo identification, but not a U.S. government identification where federal law forbids copying it (Va. Code § 55.1-1203(B)).
• You must consider evidence that an applicant is a victim of family abuse to offset a low credit score of an otherwise qualified applicant, shown by a letter from a domestic violence program, HUD-certified counselor or attorney, a police report or a court order (Va. Code § 55.1-1203(D)).
• A landlord owning more than four Virginia rental units, or more than a 10 percent interest in more than four, individually or through a business entity, may not deny an applicant based solely on payment history or an eviction for nonpayment between March 12, 2020 and 30 days after the Governor's COVID-19 state of emergency expired or was revoked, and must follow the written denial notice process; the penalty is $1,000 plus attorney fees (Va. Code § 55.1-1245(J)).
• Information you receive with an application stays a confidential tenant record and may be released only in response to a subpoena (Va. Code § 55.1-1209(B)).
• From July 1, 2027, before you request or collect any payment or information, you must tell applicants in writing, or post where they can see it, your fees and deposits and whether they are refundable, your selection criteria, automatic denial criteria, other criteria that may lead to denial, the name and address of any consumer reporting agency you use, and the applicant's right to a free copy of the report and to dispute it (Va. Code § 55.1-1203(A) (effective July 1, 2027)).
• For landlords covered by the pandemic-period screening rule, a denial notice must explain the applicant's right to challenge reliance on the protected payment history or nonpayment eviction, include statewide legal-aid contact information, and state the seven-day deadline from the postmark. Additional electronic or telephone notice can permit proceeding after the next business day without an assertion, subject to the statute's notice and timing-validation conditions (Va. Code 55.1-1245(J)(2), current version).
• If the applicant asserts that right and you relied on a screening report, make a good-faith effort to ask its producer whether the determination rested solely on protected pandemic-period history. The statute permits proceeding with the report information if its producer does not respond within three business days of the request (Va. Code 55.1-1245(J)(2), current version).

Document lawful rental criteria and the applicable rules before requesting screening. Review a report as evidence to check, not a guarantee that every record is correct or usable. Consumer-report notices operate alongside Virginia's fee, protected-credit and fair-housing requirements; a screening provider does not replace that review (FTC: tenant background checks and rights; FTC: using consumer reports as a landlord).

• Confirm that the identifying information matches the applicant and examine dates, duplicate entries and the outcome of court cases. A filing alone does not show how a case ended. If the applicant identifies a reporting error, preserve the supporting records and direct them to the reporting company's dispute process; keep the landlord informed of any updated report. Record the facts reviewed rather than treating a score or a gap in history as a complete explanation (FTC: tenant background checks and rights).
• When report information contributes to a denial or less favorable terms, such as higher rent or deposit or a cosigner requirement, give the required adverse-action notice. Identify the reporting company with its name, address and telephone number, explain that it did not make the decision and cannot explain your reasons, and state the right to dispute errors and obtain a free report from the company within sixty days of the notice. Use the FTC landlord guide for the complete notice requirements, including additional investigative-report duties; a written notice provides a useful record (FTC: tenant background checks and rights; FTC: using consumer reports as a landlord).
• Read the separate Virginia application-fee and screening provisions for protected family-abuse evidence, covered pandemic-period history and required denial procedures. Keep the future July 2027 criteria-disclosure rule distinct from the rules currently in force. Maintain the criteria, authorization, report date, relevant communications and notice record securely, and apply the applicable accommodation and source-of-funds protections (Va. Code § 55.1-1203(A), (C); Va. Code § 36-96.3(A)).See Application fees and screening on the Virginia page

The Virginia Fair Housing Law makes it unlawful to refuse to rent to, or set different terms for, anyone because of race, color, religion, national origin, sex, elderliness, source of funds, familial status, sexual orientation, gender identity, military status or disability, or to advertise a preference based on any of them (Va. Code § 36-96.3(A)).

• Disability discrimination includes refusing reasonable accommodations in rules, policies, practices or services, and refusing reasonable modifications the tenant pays for; for a rental you may, where reasonable, require the interior to be restored at move-out. Any agreed restoration must except reasonable wear and tear (Va. Code § 36-96.3(B)).
• Source of funds means any lawful source of money paid to or for a renter, including assistance, benefit and subsidy programs (Va. Code § 36-96.1:1).
• An owner of no more than four rental units in Virginia (and no more than a 10 percent interest in more than four) may decline a renter based on source of funds, and any owner may do so if the source is not approved within 15 days of the request for tenancy approval (Va. Code § 36-96.2(I), (J)).
• Most of the law does not apply to an owner renting no more than three single-family houses without a broker or discriminatory ads, or to an owner-occupied building of up to four units; the advertising rule still applies (Va. Code § 36-96.2(A), (B)).
• On request, provide a smoke alarm suited to a tenant or household member who is deaf or hard of hearing; you may take a refundable deposit up to its cost but may not raise rent for it (Va. Code § 36-99.5).
• For an assistance animal in covered housing, Virginia bars pet fees, pet deposits and extra rent. Uniform resident rules may still apply if they preserve equal use and enjoyment. Physical-damage responsibility applies where residents with pets bear comparable responsibility; this is different from charging an animal fee (Va. Code 36-96.3:1(A)).
• Do not seek extra disability verification when the disability or accommodation need is obvious or known. If the disability is known but the related need is not, verification may address that need. Otherwise, reliable supporting documentation may include someone with whom the requester has or had a therapeutic relationship. Evaluate the request and its supporting information (Va. Code 36-96.3:1(B)-(E)).
• Evaluate accommodation requests individually. A necessary request without undue financial and administrative burden or fundamental alteration must be granted. If those burdens may arise, offer a good-faith discussion of effective alternatives; the requester need not accept an alternative when the requested accommodation is also reasonable. For animals, assess actual substantial harm and possible accommodations rather than relying solely on breed, size or type (Va. Code 36-96.3:2).